Legal Opinion

Buntyn v. Shippers' Compress Co.

Mississippi Supreme Court

Decided October 15, 1885PublishedCited by 3 opinions

Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. On December 2, 1882, J. M. Buntyn filed in the Circuit Court of Lauderdale County a petition against the “ Shippers’ Compress Company” to subject their “compress works” to his mechanic’s lien for materials furnished for the construction thereof and work done thereon during the months of September, October, and November, 1882. On January 22, 1884, J. S. Solomon, on his own application, was made a…

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Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. On December 2, 1882, J. M. Buntyn filed in the Circuit Court of Lauderdale County a petition against the “ Shippers’ Compress Company” to subject their “compress works” to his mechanic’s lien for materials furnished for the construction thereof and work done thereon during the months of September, October, and November, 1882. On January 22, 1884, J. S. Solomon, on his own application, was made a party defendant to this petition, and thereupon filed three pleas, in substance as follows : 1. That on the 26th day of…

1Opinion of the CourtCampbell, J.

The title acquired by Solomon by his purchase at the sale under the execution in favor of McMillan and Williams & Briggs was with the burden of the lien in favor of the appellant, whose suit to enforce his lien was pending when the suit of McMillan et al. was instituted. As the appellant was not a party to the latter suit, he was not affected by the judgment and sale under it. The law requires all persons claiming liens on the same property to be made parties to a suit to enforce a mechanic’s lien, and- any lienor not thus made a party is unaffected by proceedings in a cause to which he is a…

2Cited by3 opinions

  1. Elmslie v. ThurmanMississippi Supreme Court · 1905
  2. Skelton v. DillSupreme Court of Oklahoma · 1911
  3. Tinnin v. BrownMississippi Supreme Court · 1910

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